A requester is entitled to a refund of duplication fees paid for records produced by the agency that are not responsive to the request. 2023-2227 The identity of the requester and motivation for the request are irrelevant in determining whether records are exempt from disclosure. 2024-0266 The RTKL’s exemption for trade secrets or confidential, proprietary information does not apply to financial records. 2024-0272 Responsive records may not be subject to the Federal Educational Rights and Privacy Act (“FERPA”) if the records can be redacted such that the student’s identity cannot be ascertain ..read more

The 2020 presidential election will go down in history as one of Pennsylvania’s most memorable. The impact on Right-to-Know Law (RTKL) requests was swift, prolonged, and intense. Requesters sought records related to mail-in ballots, voting machines, and security policies. More than three years later, election related RTKL appeals still remain above pre-November 2020 levels. With the 2024 Presidential election just eight months away, seeing where the dust has settled after this wave of requests and appeals helps give some insight into the current status of a number of important legal issues. A ..read more

The Office of Open Records is proud to present its 2023 Annual Report. Read it here. Highlights from this year’s annual report include: Another record-breaking year, with 3,147 appeals filed with the Office of Open Records, a 14 percent increase in three years and a 41 percent increase in five years. Of those, 2,366 appeals involved local agencies and 670 involved state agencies. Top 10 issues most raised on appeal and addressed by OOR. Ten examples of records accessed via the RTKL. Top OOR accomplishments in 2023. 90 mediations to resolve appeals and 49 training sessions conducted acros ..read more

An agency may enforce a policy that requires use of the “standard statewide RTK form” for all requests. 2024-0292 An agency may respond to a request by directing a requester to a publicly accessible website that contains all of the data points. 2024-0196 Bridge inspection reports are exempt from access under the Vehicle Code. 2024-0329 Children and Youth Services records are protected under the Child Protective Services Law. 2023-3111 ..read more

In celebration of Sunshine Week 2024, the Office of Open Records is joining other stakeholders on March 13 from 9-12 for a great discussion: Sunshine Act Update. Learn more about the state’s open meetings law, the Sunshine Act. This discussion will include a review of recent Commonwealth Court decisions.  Valuable tips and trends essential for both legal practitioners and news organizations will be shared. Investigative Journalists & the Right-to-Know Law. We’ll hear from seasoned investigative reporters who explain the challenges they’ve had in obtaining records as well as best ..read more

An inmate was granted access to email communications between prison officials about movies and tv series. 2024-0023 The names of individuals who played golf at a course operated by a township are not public records. 2023-3106 An agency may charge copying fees if it only keeps physical copies of a requested record. 2023-3129 Vehicle crash reports are protected from disclosure under the Pennsylvania Motor Vehicle Code. 2023-2906 ..read more

An agency may redact bank account and routing numbers on financial records to prevent unauthorized access. 2023-2422 The Department of Corrections proved that it did not have records related to the price it paid for a certain shampoo. 2023-2231 A request for the “last time [a] robotic stopwatch was calibrated” and the corresponding costs provided enough guidance to enable an agency to search for responsive records.  2023-2237 The OOR lacks jurisdiction over records that contain confidential security information under the Public Utility Confidential Security Disclosure Protection Act (“CSI ..read more

A fire inspector’s report is found to be related to a noncriminal investigation and can be withheld.  2023-1964 The Department proved that the Request asked questions rather than seeking records, thus properly denying the request.  2023-2460 While fees cannot be assessed for the provision of electronic records, agencies are not required to convert records that only exist as hard copies into electronic form. 2023-1973 Complaints about a University volleyball coach found to be exempt because NCAA rules and regulations automatically trigger a noncriminal investigation into complaints.&n ..read more

With the conclusion of the four security-related exemptions, the “Exemptions, Explained” blog series moves on to the issue of personal information. Section 708(b)(5) protects individual medical information; Deputy Chief Counsel Katie Higgins provided the legal analysis.  As of November 14, 2023, this exemption has been cited in 397 OOR appeals.   Section 708(b)(5) protects a “record of an individual’s medical, psychiatric or psychological history or disability status, including an evaluation, consultation, prescription, diagnosis or treatment; results of tests, including drug te ..read more

The Office of Open Records (OOR) will conduct its annual Right-to-Know Law (RTKL) and Sunshine Act training on Tuesday, Nov. 14, at 10 a.m. This year’s session, which will be held via Microsoft Teams, will include the following topics: Case Law and Court Opinion update How to determine if a request is sufficiently specific OOR E-File Appeal Portal practical tips and commonly used functions The OOR’s Annual Training is free and open to everyone. Attendees will have ample opportunity to ask questions using the Microsoft Teams chat window.  Questions can also be submitted in advance by ema ..read more